DELAYED TROUBLESHOOTING Clause Samples

DELAYED TROUBLESHOOTING. If Telekom cannot render the services agreed for eight-hour and four-hour express troubleshooting as agreed for the standard service, a breakdown compensation shall be guaranteed for the malfunctioning CFL unless Telekom proves that it was not responsible for the failure to adhere to the agreed time limit. If the malfunction duration is within the scope of the agreed time limits, no breakdown compensation is payable. The malfunction duration shall be determined in full minutes and shall be calculated from the time difference between the receipt of the report of the malfunction by the central malfunction helpdesk of Telekom and the receipt by FirstMark of the report that the malfunction has been eliminated. Contract on the transfer of control over CFLs Delays in troubleshooting for which FirstMark is responsible shall diminish the calculated malfunction duration accordingly. If Telekom exceeds the time agreed for troubleshooting of the standard service (troubleshooting within 24 hours) by - more than 12 hours, FirstMark shall be reimbursed with 10 % of 1/12 of the annual remuneration of the relevant CFL, - more than 30 hours, FirstMark shall be reimbursed with 15 % of 1/12 of the annual remuneration of the relevant CFL and - more than 48 hours, FirstMark shall be reimbursed with 20% of 1/12 of the annual remuneration of the relevant CFL. If Telekom exceeds the time agreed for eight-hour express troubleshooting by - more than 2 hours, FirstMark shall be reimbursed with 10% of 1/12 of the annual remuneration of the relevant CFL, - more than 4 hours, FirstMark shall be reimbursed with 20% of 1/12 of the annual remuneration of the relevant CFL and - more than 8 hours, FirstMark shall be reimbursed with 40% of 1/12 of the annual remuneration of the relevant CFL. If Telekom exceeds the time agreed for four-hour express troubleshooting by - more than 1 hour, FirstMark shall be reimbursed with 20% of 1/12 of the annual remuneration of the relevant CFL, - more than 2 hours, FirstMark shall be reimbursed with 50% of 1/12 of the annual remuneration of the relevant CFL and - more than 4 hours, FirstMark shall be reimbursed with 100% of 1/12 of the annual remuneration of the relevant CFL. The period of examination for the reimbursements is one calendar month. For delays in the standard service or in eight-hour and four-hour express troubleshooting, a maximum of 1/12 of the annual remuneration shall be reimbursed. The reimbursement shall be settled at the beginning of th...